CHILDRENS ACADEMY ASSOCIATION Vs. LOK AYUKTA, UTTARANCHAL, DEHRADUN
HIGH COURT OF UTTARAKHAND
Childrens Academy Association
Lok Ayukta, Uttaranchal, Dehradun
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SUDHANSHU DHULIA, J. -
(1.) HEARD Mr. Siddharth Singh, Advocate for the petitioner, Mr. Paresh Tripathi, Additional Chief Standing Counsel for the State of
Uttarakhand and Mr. Arvind Vashisth, Advocate for respondent no. 2.
(2.) THE petitioner which is a society registered under the Societies Registration Act is aggrieved by an order dated 29.11.2006 and
7.12.2006 by which the Lokayukta, Dehradun has passed certain orders which affect the society i.e. petitioner. The case of the petitioner is
that certain complaints were made to the Lokayukta, Uttarakhand by his
neighbours and particularly respondent no. 2 regarding certain
constructions made by the petitioner in which cognizance has been taken
by the Lokayukta. By the impugned order the Lokayukta has directed the
Nagar Nigam to construct a drainage on the property of the petitioner and
in effect it would also be a direction for removing the constructions
made by the petitioner. The petitioner has challenged the jurisdiction of
the learned Lokayukta for passing such orders.
(3.) THE petitioner has referred to Section 8(1) of U.P. Lokayukta and Up -Lokayuktas Act, 1975 which relates to the matter which are not
subject matter of the Lokayukta. Section 8 (1) of U.P. Lokayukta and
Up -Lokayuktas Act, 1975 reads as under :
"8. Matters not subject to investigation. - (1) Except as
hereinafter provided, the Lokayukta or an Up -Lokayukta shall not conduct
any investigation under this Act -
(a) except on a complaint made under and in accordance with
Section 9; or
(b) in the case of a complaint involving a grievance in respect
of any action, -
(i) if such action relates to any matter specified in the Third
(ii) if the complainant has or had any remedy by way of
proceeding before any Tribunal or Court of law :
Provided that nothing in sub -clause (ii) shall prevent the
Lokayukta or an Up -Lokayukta from conducting an investigation if he is
satisfied that such person could not or cannot, for sufficient cause,
have recourse to a remedy referred to in that sub -clause."
The Third schedule which is referred in Section 8 (1) of the Act, reads as under :
"THE THIRD SCHEDULE
[See Section 8 (1) (b) (i)]
(a) Action taken for the purpose of investigating crime or
protecting the security of the State.
(b) Action taken in the exercise of powers in relation to
determining whether a matter shall go to, or shall continue to be
prosecuted in a court or not.
(c) Action taken in matters which arise out of the terms of
contract governing purely commercial relations of the administration of
the Government or of the local authority or other corporation, company or
society, as the case may be, with customers or suppliers except where the
complainant alleges harassment or gross delay in meeting contractual
(d) Action taken in respect of appointments [other than an
appointment referred to in clause (ii) of clause (d) of Section 2)],
removals, pay, discipline, superannuation or other matters relating to
conditions of service of public servants but not including action
relating to claims, for pension, gratuity, provident fund or to any
claims which arise on retirement, removal or termination of service.
(e) Grant of honours and awards.";
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